Disabled to appeal over ILF ruling

Thursday 25 April 2013 02:00 BST

A High Court challenge over the Government's decision to axe the Independent Living Fund has been lost

Five disabled people are to appeal after losing a High Court challenge over the Government's decision to abolish the Independent Living Fund (ILF), a scheme that helps them live lives as full as possible in the community.

Their lawyers asked Mr Justice Blake, sitting in London, to declare the consultation process that led to the decision "unlawful".

But the judge rejected accusations that the process was legally flawed and the Government had failed in its public sector equality duties.

The judge described fund recipients as "a privileged group" as the ILF, which the Government wants to scrap in 2015, had been closed to future users since 2010.

He said nothing had persuaded him "that this consultation was other than candid and open, having regard to what it was: a desire to know the consequences of a provisional decision to close the ILF". The judge said it was "reasonably clear" from the consultation that future funding for disabled people would be by local authorities.

Ministerial statements suggested due regard had been had "to the duty of the state to facilitate people with disabilities to live independently as far as reasonably practical".

The five applicants for judicial review were refused permission to appeal, but their lawyers said they will ask the Court of Appeal itself to hear the case. The five are among 20,000 people who currently receive money from the £359m ILF. The average payout is £300 a week per recipient. The money enables them to employ personal assistants to help them with their personal needs and, they say, to "go out and have a full life".

One of the five is Gabriel Pepper, from Walthamstow, east London. He accused the Government of imposing "appalling cuts" which were "a vicious attack on the disabled".

The other applicants are Stuart Bracking, Paris L'amour, Anne Pridmore and John Aspinall, who brought his case with his mother, Evonne Taylforth, acting as his litigation friend.

A DWP spokesman said: "The judge agreed the consultation had been carried out correctly and has refused permission for the claimants to appeal. If the Court of Appeal give permission to appeal DWP will defend such an appeal."